[ shouting ] brutal bathroom beating at the 49ers game sends two men to the hospital. one of them apparently knocked unconscious on the bathroom floor and remains in serious condition right now. thanks for joining us. i'm cheryl jennings in for ama daetz. >> i'm larry beil. police arrested two men who were booked for felony assault. both are from king city. 47 miles south of salinas in monterey county. abc 7 news reporter vic lee is

live at levi's stadium with more. >> reporter: this is the second assault since the niners began playing at levi's stadium. the first was a domestic violence incident. this one happened just before the game started sometime around 1:20 in the afternoon in a restroom on the north side of the stadium. the motive is still unclear but it could be as simple as an argument over a bathroom stall. let's go to the cell phone video. this is video taken by an observer. there were plenty of witnesses, as you can see, to the attack. here's a chronology of the attack, the first assailant punches the first victim who falls to the ground. a second attacker is punching the second victim. he drags the man out, begins hitting him again. the first attacker joins in. the victim, who is seriously injured, is lying on the ground, motionless, looking sort of disoriented, perhaps unconscious. police say it took just minutes to find and arrest the two suspects. they are dario david rogilero

and amadore rogilero. investigators say they are related. they may be brothers. police say there is a lot of security on game day and yesterday was certainly proof of that, they say. >> we have ample enough security that work the stadium. that's why we believe these suspects were captured within minutes after the assault. if it wasn't for that security, maybe they might not have been captured. >> reporter: what the police officer said was, and i don't know if we were able to get that sound bite, but he says it was because of the large amount of security that we were -- they were able to capture the two suspects immediately. police say at games, their officers are joined by 49ers own security detail. many of them are off-duty officers, many of them are retired officers, many of them serve as plain clothes officers at these games. there are also staffers who wear these colored vests and they are the extra eyes and ears of the police department.

the two suspects are being held at santa clara county jail. one is being held on no bail -- excuse me, one is being held, yes, on no bail, the other is being held on $75,000 bail. as far as the victims, one was treated and released at the hospital. the other is in serious condition. vic lee, abc 7 news. >> thank you very much. anaheim police are looking for three men suspected of brutally beating a man following friday night's angels playoff game. authorities say the 43-year-old man and his cousin were attacked in the parking lot. the victim, a former l.a. police officer. he's in critical condition. his cousin was not hurt. police say alcohol may have been involved but the motive remains unknown. the case eerily similar to the beating of giants fan brian stowe at dodgers stadium in 2011. a marin county high school principal is in trouble after sacramento deputies say they found him in a hotel room with illegal drugs and a young woman.

>> 54-year-old thomas "woody" price heads the branson school in roth. he was arrested on friday. deputies say they went to the hotel after getting a call from a man saying he was worried about his girlfriend getting drugs from an older man. 21-year-old brittany hall was found unconscious in price's room. deputies found cocaine, heroin and methamphetamines in that room. price has posted bail and hall is still in jail. san leandro police searched this car after gunfire erupted during a struggle between walmart security officers and two suspected shoplifters. the undercover security officers say they caught the men stealing things. detectives believe one of the suspects opened fire after being confronted near the exit late last night. one suspect was hurt in the scuffle. >> a lot of times they are able to make apprehensions that do not turn violent. in a case such as this, it got violent very, very quickly. once again, we are very fortunate no one was seriously injured.

>> when it gets close to christmas there will be a lot of stuff like this. when it gets close to christmas. a lot of people will be shoplifting. >> officers recovered a gun at the scene. police may ask prosecutors to charge those men with attempted murder. a transient faces arson and burglary charges following last night's fire at a walnut creek wine storage facility. >> surveillance footage shows arthur holden near the facility. they say they spotted a gas can at the scene and immediately became suspicious. police say they found holden near the fire with stolen property and other evidence from the burned business. he was arrested on suspicion of arson, burglary and a parole violation. police are investigating a bomb threat that forced the evacuation of a san francisco elementary school for several hours today. authorities removed students and the staff from jose ortega elementary around 8:00 this morning when a threatening note was found. authorities gave the all-clear around 11:00 this morning. classes resumed but students were allowed to go home if a

parent or guardian picked them up. five states trying to keep their same sex marriage bans in place have their appeals turned down by the supreme court today. that means at least for now the high court is not wading into the same sex marriage debate. it also means same sex couples in five more states, wisconsin, indiana, oklahoma, virginia and utah, are free to marry. >> we weren't expecting a decision so soon from the supreme court but we are just so pleased with the result today, and we can't wait to plan our wedding. >> i can tell you i am surprised about this and disappointed. i believe that the people deserve to have this hearing taking place at the supreme court level. >> six other states and the same federal court jurisdictions could soon have to lift their bans as well. that would mean same sex marriage would be legal in 30 states in addition to the district of columbia. trace bay oyster company reached an agreement to keep its business open just until the end of this year and then it will

close for good. the interior department had ordered that business shut down to return the area to a wilderness zone. today's settlement comes as businesses affiliated with the oyster company were about to take their case to a federal appeals court. the park service will help to relocate workers and remove the oyster farming equipment from the estuary. the oyster company will continue distributing oysters from suppliers in west marin and plans to open a new restaurant overlooking the bay. a federal judge heard arguments today in an only in san francisco case that pits landlords against tenants. >> the dispute is over a law that dramatically increases the amount landlords have to pay renters if they want to evict them. >> abc 7 news reporter carolyn tyler is in the newsroom now. >> the attorney representing the property owner says he will take the case all the way to the supreme court if necessary but the city is confident of the constitutionality of the law that took effect in june. in 2008, daniel and maria levin bought a two unit building on lombard street, planning to use

both for themselves and their families. >> we just want our property. we want to be able to use our property as we would like to. >> reporter: that would mean evicting the renter living downstairs. under san francisco's new relocation law, property owners have to pay the difference between the tenant's current rent and the cost of comparable housing for two full years. they say they would have to shell out $117,000. the author of the ordinance, supervisor david campos, says it's part of the solution to the city's affordability crisis. >> the landlords will still make a lot of money even with this law. we are simply saying help tenants have a fighting chance to stay in the city. >> reporter: the levins and other plaintiffs are asking a federal judge to decide the constitutionality. >> they aren't causing the city affordable housing crisis. they are not causing the rent control problem. they are not causing google. they are not causing the reason the rents are so high.

why are they being forced to solve that problem rather than the public as a whole? >> reporter: the battle between property owners and tenants is heating up in san francisco. claudia is a teacher facing eviction from her mission district home. >> the relocation money would help us relocate here maybe in the city i think it would be really difficult to stay. >> reporter: the levins say had they known it would get to this, they might not have bought in the city. >> it's unique and it's san francisco, unfortunately. >> or fortunately, if you are a tenant. the judge has given the city until friday to provide more information about exactly how the law was tailored and the plaintiffs until next week to respond before he makes his ruling. carolyn tyler, abc 7 news. >> thank you. hewlett-packard's decision to split into two companies will cost 5,000 people their jobs. the palo alto based tech giant announced it is putting its

personal computer and printer business under one roof. tech services including data storage and software will operate under the name hewlett-packard enterprise and will be led by hp's ceomeg whitman. the changes are the latest move in a restructuring effort that's already led to tens of thousands of job cuts in recent years. hp stock finished up nearly five points today. the giants are trying to complete a sweep of the washington nationals to advance in the national league playoffs. unfortunately right now, the score at at & t park, 3-0, nationals, in the seventh inning. this was a scoreless game with madison bumgarner pitching brilliantly until just a few minutes ago when the nats scored two runs on a throwing error, then got a base hit. 3-0 nats right now. we will take you back earlier. there was a packed house cheering on as giants manager bruce bochy and the team were introduced before game three this afternoon. >> fans waved flags showing their allegiance to the giants. a huge american flag covered the field, the outfield, during the playing of the national anthem.

fireworks and a flyover highlighted all the pregame pageantry. >> they have everything going except they need runs against doug fister. this family had their signs ready. hunter pence is all about them veggies because he's known for his kale salad. this is little eugene coming up here, really hoping -- oh, my goodness -- his first season watching the giants will last as long as possible. >> e-mail your fan pictures to kgo-tv.com or tweet them to us. spencer christian has the day off. meteorologist sandhya patel adorned in orange for the accuweather update. >> we are all flying the colors. >> that's right. it's all about team spirit, right? as you look at live doppler 7 hd right now. we are watching the fog along the coast, some high clouds moving in from the southwest, inland areas are clear. temperatures are starting to drop a little cooler in san jose, down two degrees. same thing for oakland, novato, santa rosa, down eight degrees

at sfo. livermore is up a degree. you will see here in just a moment. golden gate bridge has been in and out of the fog. right now in the clear. 68 in san francisco. 82 currently in oakland. 87 in san jose. morgan hill, one of the hot spots at 93 degrees. blue skies from the kgo roof camera as we look down the embarcadero. still hanging on to some hot weather inland. santa rosa, 93. fairfield, 96. currently 98 in livermore. here's our view from the east bay hills camera. you see some of the high clouds above the fog layer. we will go with fog at the coast tonight, mild inland if you're stepping out. upper 50s to upper 70s. tomorrow morning, fog along the coast and bay, maybe on the thick side. for the afternoon, a little cooler, mid 60s to low 90s. not cool enough? wait until you see the accuweather seven day forecast. i will let you know when temperatures will bottom out. >> thanks a lot. still ahead on abc 7 news at 4:00, the man power behind a new initiative that is now under way to clean up freeway on and

offramps in san jose. and these folks do their share but find out which bay area city ranks among the worst in the nation when it comes to helping the less fortunate. new at 4:30, the latest american to contract ebola returns to the states while concern grows over the care that a patient in texas is now receiving. 7 on your side's michael finney is taking your questions on twitter and facebook. he will answer them live a little bit later.

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san jose has nearly 5,000 homeless according to a recent census and helping them find jobs and housing has been challenging. a new program is about to launch that could make a difference. abc 7 news reporter david louie joins us from a freeway onramp on highway 280 with the details. >> reporter: well, in the weeks ahead, you will see a lot of people wearing teeshirts like this along san jose freeway offand on-ramps, part of a new initiative to get rid of this, trash along those ramps, at the same time offering the homeless an opportunity to earn vouchers worth up to $100 for food and rent. this is what visitors and commuters see when they take freeways to downtown san jose. garbage, discarded bottles, even used needles littering the ramps. this is what they will soon be seeing. teams of homeless people volunteering for the new gateway project. to give you an idea what's possible, here's the trash one team had to clean up. this is how it looked two hours

later. alan was recently evicted from a homeless camp. he is out here trying to turn his life around. he started out removing garbage from a creek. >> i would go down there two, three times a week and just haul out garbage. we are talking garbage. but i kind of demonstrated my dependability and reliability and i am hard-working. >> reporter: these teams have been working around san jose for three years but the new gateway project will focus on freeway ramps. three companies are the sponsors. >> this is so important to us as we think about the ecosystem in san jose and many of our cities that the private/public partnerships, that's how we will move the ball forward here. >> reporter: this project won't appeal to all the homeless but for many it's a path toward self-sufficiency. job counseling and help with job search are also part of the program. >> just getting back to being authentic, you know, getting back to being real, being happy,

giving back. that's the best way to feel good about yourself is to be giving. >> all they want is one more chance and they want it to be unjudged, so just show up to a meeting or show up your first day, grab a broom and get out there with a bright yellow shirt on and start cleaning your community. >> reporter: the project is expected to bring on six people to start but could expand to as many as 60. david louie, abc 7 news. new research finds san jose is one of the least charitable cities in the entire country. this according to a new report by the chronicle of philanthropy released today. that report finds the wealthiest americans, those earning at least $200,000 a year have reduced their charitable contributions by 4.6%. at the same time, those earning less than $100,000 a year donated 4.5% more. san jose is among three cities where residents contributed the least. the study was based on irs tax returns for the years 2006 to

2012. a golden eagle found injured in morgan hill last week is doing well at a wildlife rehab center. the 4-year-old female named morgan made it through surgery and will now be on antibiotics for a couple of weeks. then she will go outside so she can strengthen her wings. officials at the morgan hill wildlife education and rehabilitation center think she might have been impaled by a metal pole or fencepost. an x-ray shows no bullets or broken bones but a tear to her air sac. officials say she needs that in order to fly. >> hopefully she will heal up. >> absolutely. it has been a gorgeous day today. >> especially for the ball game, right? hot still inland, 98 so far in livermore. it's been in the mid 90s around antioch, fairfield. cooling later on this week. let me show you live doppler 7 hd. i will let you know when that relief is coming to your neighborhood. right now, live doppler 7 hd showing you clear skies inland. we are watching the fog along the coast which has dropped you

to the upper 50s to low 60s for the highs so far today along the coast. here's the view from the mount tam camera. you can see the high thin clouds there. coastal fog over the bay tonight. gradual cooling through thursday. we warm it back up this upcoming weekend. if you look at the satellite and radar, tropical storm simon west of baja peninsula is expected to weaken but it will dump three to six inches of rain across northern and central baja peninsula. could see isolated higher amounts and eventually, the moisture from this going into the midweek time period will head into the desert southwest. could produce flash flooding and mudslides. a big ridge remains in place and that's why it's still hot inland but this ridge is going to get pushed to the east as we start to see a trough pushing towards the bay area, towards the west coast, i should say. the ridge will weaken, the temperatures will fall and you will start to feel it around wednesday into thursday. fog will definitely push in over some parts of the bay by tomorrow morning. could be a little on the dense side so when you head out the

door for the morning commute, allow that extra time. temperatures will be mainly in the 50s. antioch, 60 degrees. we will see foggy conditions around the coast and the bay. then for the afternoon, a nice day but temperatures come down a little bit. san jose 84 degrees. 90 in morgan hill and the south bay. 83, santa clara. 82 sunnyvale. on the peninsula, low 80s. 62 in pacifica. the fog is really going to hang tough, well into the afternoon. 63 daly city. 72 in san francisco. in the north bay, 60s along the coast. almost like your summer microclimate in the middle of fall. 89 in santa rosa. 85 towards vallejo. out towards the east bay, still going to be warm around fremont, castro valley. 78 in oakland. sun will be shining and in the afternoon, we will still be on the hot side around antioch and brentwood, low 90s there. 89 in fairfield, livermore, 88, san ramon. a look at the accuweather seven

day forecast. you will notice the temperatures slipping a little more. tomorrow, we won't have upper 90s. we drop you to low 90s. that trend continues bay and inland. then by thursday, only 84 in our warmest inland valley. 64 on the coast. that cooling sea breeze will be found all the way on the valleys, then we will bump up the temperatures next weekend. it will be warming up again. we are expecting beach weather but not the kind of heat we dealt with last week. >> sandhya, thanks. just ahead, he's the man in the middle of "dancing with the stars." what the competitors think of tom bergeron. new at 4:30 or after 4:30, why does this man have a football goalpost in his house? football goalpost in his house? and exactly where did he get ite now, more and more americans are discovering that... shred after shred... dish after dish... day after delicious day...

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tom bergeron has been a fixture on national television for nearly 20 years. >> from hollywood squares to america's funniest videos and now the host of abc's dancing with the stars.

>> but what is he really like? abc 7 news entertainment reporter has the story. >> welcome back. >> reporter: for 19 seasons now, host tom bergeron has kept things moving on "dancing with the stars." as funny as he is on the show every week, the pros say he's even funnier at their dress rehearsals. >> tom bergeron's dress rehearsals are some of the most amazing you can ever be part of. his jokes are a little dirtier so he goes there. >> i wish they filmed some of the dress rehearsals and you could like buy them online with the parental advisory sticker for 99 cents because they are hilarious. >> tom at his best is at the dress rehearsal nobody sees. thank god. it's a completely different show. it's amazing. it's a great late night show somewhere on cable. >> len? >> she just kicked me in the lower portion. >> oh, okay.

isn't it great to get feeling back there again? >> reporter: tom is not just all fun and games. he's also a support system. >> he gives the best hugs in the morning. i always love to give him a huge hug. i love him. >> early in the morning, when he doesn't need to be there, he's in there watching and supporting people. he's there for them. he's great, man. i love tom. he really is the best at what he does. >> our stars reveal more of their favorite jams as tonight's competition continues. >> cheryl burke, who has been dancing here since season two, says she misses the midseason parties tom used to throw. yeah. he bought the drinks. >> you better bring it back, tom, or else i've got some stories on you, tom bergeron, that you probably have no idea about. >> reporter: we'll see what antics tom is up to for week four of "dancing with the stars" at 8:00 on abc 7. tom's other show, america's funniest videos, has its season debut sunday night.

still to come on abc 7 news at 4:00, the effort to help two americans with ebola. one arrives home. the other receives an experimental drug. also, olympic champion michael phelps suspended after his dui arrest. this isn't a ghost ship. later on, the arrival of one of the navy's newest carriers and the beginning of fleet week in san francisco.

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here are the headlines at 4:30. the giants trying to sweep the washington nationals which would win their division series. the team sent out a tweet saying your sf giants nlds game three starting lineup. this is what that means. all about the video of the starting lineup. very creative. the game right now is in the eighth inning and the giants trail 3-0. santa clara police have arrested two men suspected of beating two others inside a levi's stadium bathroom during yesterday's niners game with the chiefs. one of the victims remains in serious condition at the hospital. a witness said it may have started over who was in line next for an open bathroom stall.

the condition of an ebola patient in dallas is worsening. his family wonders if doctors are doing everything they can to treat him. meantime, the parents of another u.s. ebola patient remain hopeful after their son was transferred to a new treatment facility today. abc 7 news reporter elizabeth herr with new details on both cases. >> reporter: the parents of ashoka mokpo are grateful. >> enormously relieved to be here. of course, it's still quite frightening but he's hanging in and sounds very strong. >> reporter: after contracting the ebola virus while working in liberia possibly while helping to clean an infected car, their 33-year-old son is now back on u.s. soil. he is now receiving care at the same nebraska facility that successfully treated dr. richard last month after he became infected in liberia. >> each one of these patients,

therapy needs to be individualized. we certainly are considering all treatment options. >> reporter: treatment options. in the meantime, the focus of frustration in dallas where the family of the first patient diagnosed with the virus in the u.s., thomas eric duncan. >> they are good enough. >> reporter: duncan's girlfriend is worried with his condition worsening. the cdc explains they ran out of the experimental drug zmapp but duncan is now receiving another test drug just approved on an emergency basis by the fda today. >> president obama stressed this is a global fight and the nations need to do more to stop ebola in its tracks. >> we are treating this the same way we would treat any other significant national security threat. >> reporter: abc news has also learned the cdc is now exploring ways to expand screenings at airports. this for passengers traveling to

the u.s. from ebola-infected countries. elizabeth herr, abc news, dallas. electronics scanners that check for fever are being set up at five dallas area schools. the students came in contact with the victim thomas eric duncan and those students remain home. the thermometers would help screen other students in case of fever or other illness. >> there is no chance of spreading infection by touching someone who is infected. there is no data recording required, no chance of losing the data or missing the match of which individual patients or students to the temperature that's recorded. >> the scanners are being lent to the district. district officials say they will use them for the next few weeks. a new jersey preschooler who died from the enterovirus in september showed no signs of illness before going to bed. health experts say there are now 500 cases of enterovirus d-68 in

43 states. 4-year-old eli waller's death is the first confirmed from the contagious respiratory virus. doctors are also investigating a possible link between the virus and paralysis. in more than two dozen cases the victims also suffered some paralysis. >> i think eli's case is the exception to the other cases around the country. he had no signs of any illness that night and his passing was sudden and shocking. >> we do see these problems of limb weakness with viral infections. >> at least four other patients who tested positive for the enterovirus have died. medical experts are still trying to determine if the virus played a part in their deaths. while there's no specific treatment for this enterovirus, there are some basic tips that you can use to protect yourself and your family. wash your hands often with soap and water, avoid touching your eyes, nose or mouth. if you have to cough, cough into your sleeve or elbow and if your kids are sick, stay home and

keep them home and for yourself, don't go to work or school. a chicago area man appeared in federal court today to answer charges that he tried to join the terror group isis. the 19-year-old's parents evaded reporters after leaving the courthouse in downtown chicago. fbi agents arrested their son at o'hare international airport on saturday. this comes as an indiana couple pleaded for the life of their son who is being held hostage by that terror group. abc news reporter karen travers has more from washington, d.c. >> reporter: the desperate parents of an american held hostage by isis made this public plea for his relief. >> our son is abdul rahman, formerly known as peter. >> reporter: the 26-year-old was in syria providing medical care for civilians when he was kidnapped. two years ago he spoke to cnn. >> we each get one life and that's it. you get one shot at this. >> reporter: his parents say their son willingly converted to islam while in captivity.

last night they released a letter they said he sent them in june. he said quote, if i do die i figure that at least you and i can seek refuge and comfort in knowing that i went out as a result of trying to alleviate suffering and helping those in need. his mother had this personal message for her son. >> most of all, know that we love you and our hearts ache for you to be granted your freedom. so we can hug you again. >> reporter: the voice of a man seen in this isis video is similar to the masked man in previous propaganda videos. >> it's only right we continue to strike the necks of your people. >> reporter: the u.s. air strikes against isis continue and for the first time, apache helicopters strike targets in iraq, a significant increase to personnel. >> you are lower down, closer to the threat. isis has been shooting down iraqi helicopters. the level of risk has gone up exponentially in the use of helicopters. >> reporter: u.s. and british

officials are poring over this latest isis video to determine if the would-be executioner is the same man responsible for recent beheadings. karen travers, abc news, washington. olympic swimmer michael phelps has been suspended from competition for six months. this move follows his second dui arrest this year and means he won't be able to compete in next year's world championships and his funding from the sport's governing body has been withdrawn. phelps tweeted he has started a six week in-patient program to make better decisions in the future. he is hoping hoping to make it to the rio games. he has the most olympic medals of any athlete in the modern era. nobel prizes are being awarded this week, first, the prize in medicine. three people took the honor. a joint u.s./british citizen and a husband and wife team from

norway, recognized for the discovery of cells that make up an inner gps in the brain. their research helps explain how the brain maps out your immediate environment and then orients you to it. it costs taxpayers thousands of dollars to rescue him but up next, the outrage being expressed by the adventurer that tried to run from florida to bermuda in a giant bubble. in today's 7 on your side q & a is coming up. i'm still taking your questions on twitter and facebook. i will answer your questions here live a little later. i'm abc 7 news meteorologist sandhya patel. fog down below, high thin clouds up above. temperatures are going to drop a few degrees tomorrow. back with your tuesday highs coming up. let's take a look at traffic now in marin county on 101 and san rafael. it looks positively fabulous right now.

easy going in both directions. we'll be right back. trying to mislead you about the effects of proposition 46. surance come well here's the truth: 46 will save lives. it will save money too. i'm bob pack, and i'm fighting for prop 46 because i lost my two children to preventable medical errors and i don't want anyone else to lose theirs. the three provisions in 46 will reduce medical errors and protect patients.

save money and save lives. yes on 46. but when it came to medicare, ig was glad i could get a little help. (vo) ingrid and robert called anthem blue and found an atle help. and found an affordable medicare advantage plan that pays for many of the costs original medicare won't. now they can focus on other important decisions. retired and on a fixed income? anthem blue cross plans help protect you from high medical costs.

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athlete had to be rescued saturday after he was lost trying to go from florida to bermuda inside the hydropod. he says his plastic bubble is now lost at sea. >> when i take my plastic bubble out, i don't put my life savings in it. it's the first rule of plastic bubbles. leave your life savings back at your house. if he's living in the plastic bubble, now it makes perfect sense. let's take a look at the weather with sandhya patel. >> i'm surprised larry didn't take that plastic bubble and just float away. a look at live doppler 7 hd. fog hugging parts of the coastline if you are doing traveling for business from the midwest to the east coast, showers and thunderstorms. st. louis, 76 degrees with a chance of thunder. new york, 72. out over the central u.s., lots of sunshine, you will notice here, but signs of fall. mid to upper 50s, fargo, minneapolis. seattle, 71. 90 in phoenix.

it's going to be hot around some parts of the state here. 91 at yosemite. 75 in tahoe, down towards palm springs, a warm 88. thunderstorms are expected, at least from the remnants of the tropical storm simon. currently tropical storm. up toward eureka, 68 degrees. as you look at our bay area microclimates, we call it the summer spread even though it's fall weather. half moon bay, 63 degrees. san francisco, 72 tomorrow afternoon. temperatures coming down in oakland, 78. still warm in walnut creek, 88 degrees. not as warm as today in antioch, 90 degrees. it is going to be hot. then as we take a look at our fleet week forecast, the weather looks fantastic. thursday in the low 70s after some morning low clouds. sunny and warmer friday, saturday, mid to upper 70s. i'll be back with a look at the complete accuweather seven-day forecast at 5:00 p.m. still ahead on abc 7 news at 4:00, the nfl's intense new effort that began today to crack

down on performance-enhancing drugs. a less than flattering thing that some medical experts are saying about parents who take their kids to the doctor for every little sniffle. i'm 7 on your side's michael finney. it's october and one person who e-mailed me is still waiting for their state refund check. what should they do? my advice coming up.

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in an effort to cut down on the use of performance-enhancing drugs in the nfl, the league started testing its players today for human growth hormone. reports say the league will randomly select five teams and then from that, randomly select eight players to test. reports say some players are not enthused about submitting to blood testing. less than a tablespoon of blood will be drawn by a small butterfly needle inserted into the arm. 1500 samples will be analyzed per year. in contrast, major league baseball conducts roughly 400 hgh tests per year. the cost of winning just went up.

the school was fined after students stormed the field after the win against alabama saturday. they tore the goalpost down. that will cost the school ten grand to replace. one student says this is money well spent. they just beat alabama. he's got the souvenir to prove it. >> did a lap around the square, then took it back here and i never would have thought i would wake up this morning with ole miss beating alabama or goalpost from the stadium in my house. >> collectors' item. it's the third time ole miss has been fined for the same violation. its fans rushed the field after beating mississippi state back in 2012 and lsu in 2013. checking healthy living news this afternoon. the new editorial in the journal of pediatrics argues that parents who take their child to the doctor at the first sign of a sniffle could be doing their children more harm than good. overdiagnosis and unnecessary testing could physically harm children by exposing them to radiation and risky surgical procedures.

the editorial argues parents who are hypochondriacs when it comes to their kids could open them up to bullying or become concerned they are fragile. 7 on your side's michael finney here answering questions sent in by facebook, twitter and e-mail. first, can a company automatically renew its service at a higher rate. >> you know, actually, they can but they've got a lot of hoops to jump through first. they have to tell you they are going to do it, then they have to have an 800 number or local phone number for you to call and say you don't want to do it. what you need to do is look at the fine print, see if they lived up to that, did they call you in advance, did they send you an e-mail, did they somehow make contact with you because the law does not say how they have to make contact, only that they have to make contact, let you know the price is going up and ask if you want to do it. >> renee e-mailed does the three day cancellation rule apply to insurance policies? >> yes, generally.

if the policy costs more than $25, if you bought it at your home or at a temporary location, by that they mean a trade show, something like that. now, this also includes warranties. this is why i'm telling you that. insurance policies, not every single one but almost any you would end up with in the state of california is cancellable and you get a refund for the unused portion. say you signed up for an insurance policy, you had it for four days and decided you didn't want it, you could cancel it and get the rest of the year payment you were expected to make, you get that money back. only have to pay for the insurance you use. >> i'm expecting a tax refund from the state, i sent the return in july. i can't get through by phone to find out the status. any suggestions? >> yeah. i've got to tell you, the state has trouble answering their phones nowadays. we have done so many reports. these guys have done so many reports on that. let me tell you what you do. the state tax hotline opens at

7:00 a.m. that's when you want to call. you don't want to call on monday or friday. those are the slow days. if i was you, i would get on the phone tomorrow. be waiting at 7:00 and dial the number and wait, you will get through because you will be one of the first to call. >> can you go down there? >> that's a great question. they would have to deal with you but i would hate to send somebody down. i will answer that question tomorrow. >> thank you. coming up next, the return of fleet week. look at this. it gets off to an eerie start in san francisco bay. coming up new at 5:00, digging deeper to park at b.a.r.t. four stations being targeted for an increase in fees. why you don't want to miss this week's lunar eclipse. ♪(theme soners) stan! ! ! hey guys! stan the man! hey, how's it goin stan? can i get $55 on pump three? you got it, stan!

gas stations. just that.nobody knows a where nobody knows your name. the chevrolet cruze eco. with an epa estimated 42 miles per gallon highway. it's the new efficient.

whoa! yeah i was testing to see if we really can turn any device in your house into a tv and the tablet worked just fine but i wanted to see if the phone will work as well. so i shrunk sharon. every channel's live just like on tv

but it's my phone. it's genius. shh! i'm watching tv. tiny sharon is mean. i'm right here. watch any channel live on any device around your home. the x1 entertainment operating system only from xfinity. abc 7 is honoring hispanic heritage month through october 15th with posts to our instagram

feed. today we highlight the exhibit at the oakland museum of california called "songs and sorrows." it starts wednesday and runs through january. more details are on instagram at abc 7 news bay area. here's a look at tonight's prime time lineup on abc 7. at 8:00, a new episode of dancing with the stars followed by castle and then abc 7 news at 11:00. you can use watch abc to catch all of those shows live when you're on the go with your smartphone, tablet or computer. visit watchabc.com for details or download the app by searching watch abc in your app store. fleet week is back after a one-year hiatus. >> the "u.s.s. america" docked at pier 32 from our live camera posted along the embarcadero. >> lyanne melendez has more on

its eerie arrival. >> reporter: the navy's newest ship cut through the dense fog as it passed under the golden gate bridge. it was the unofficial start to fleet week. the vessel took two years to build in mississippi. it left in july going around to cape horn, the southernmost part of south america, and finally arriving late this morning in san francisco. >> it's a brand new ship and to be commissioned, it just means coming into the fleet officially. this ship is going to be ready to deploy with some of the greatest warships that we have in the united states navy. >> reporter: the ship will have 22 osprey helicopters and several aircraft that can perform vertical lifts and takeoffs. the motto of the ship is "prepared in war or in peace." >> we could go out and perform humanitarian assistance, disaster relief missions with the marine corps aircraft we have on board. >> reporter: this osprey was on display at the coast guard air station in san francisco. it transports the navy's medical

shock trauma platoon which consists of doctors and nurses ready to set up an emergency room practically anywhere in the world. this is what it would look like once on the ground. it was shown to the public at san francisco general hospital. >> it can treat up to 50 patients, 20% being critical, without resupply. >> reporter: here is where surgeries would be performed, up to 18 within a 48-hour period. this kind of field hospital would be extremely helpful in case of a major earthquake. and this afternoon, the blue angels landed in oakland. they are the main attraction of fleet week. they begin practicing on thursday and perform on saturday and sunday. in san francisco, lyanne melendez, abc 7 news. thanks for joining us for abc 7 news at 4:00. abc 7 news at 5:00 begins right now. the other is still listed as serious in the hospital. >> here's the reason. arrests in a vicious beating at levi's stadium.

will security be increased? also, governor brown makes an endorsement in the oakland mayor's race. why it may not make any difference in the election. giants fans getting worried again. we will take you live to the ballpark where this afternoon's playoff game has not been exactly what they were hoping for. i'm abc 7 news meteorologist sandhya patel. inland areas are still baking in the heat but cooling is just around the corner. i'll be back with the details. video surfaces of a brutal attack at levi's stadium yesterday. the brawl may have been sparked by an argument over who was next in line for an open stall in the bathroom. good evening. i'm larry beil in for dan ashley. >> thanks for joining us. i'm cheryl jennings. two men under arrest tonight in this assault. the men are from the central valley town of king city. both of them wearing 49ers gear. abc 7 news reporter vic lee joins us from levi's stadium tonight. >> reporter: the attack happened about 1:20 in the afternoon just

before the game started and of course, this brings out security concerns at this new stadium. but santa clara police tell us that they are satisfied with the amount of security at the stadium. they are joined by the 49ers' own security detail as well as the staffers who mingle around the stadium and they wear these colored vests and they are the extra eyes and ears of the police department there. motive of the attack still unclear, but it could be as simple as an argument over a urinal or a stall. this cell phone video, one of the attackers punches the first victim who tries to defend himself as he's about to go down. he's hit again, this time he falls hard on his back as his assailant falls forward from the swing of his punch. the second attacker punches and drags the other victim away from the stalls. he hits him again. he steps back as attacker number one reappears on the video. he hits him at close range

numerous times. as the assailants begin to leave, the video pans over to victim one who is lying on his back not moving and looking disoriented. the attack happened on the 300 level on the north side of the stadium. police say it took just minutes to find the two suspects. >> stadium staff employee did point out to our folks there at the scene, there was a fight inside the restroom and our folks did respond, mean officers did respond to the restroom. >> reporter: santa clara police say the two suspects are related and may in fact be brothers. 49ers fans we spoke with today say despite the assault, they feel safe at levi's stadium. >> i think there was an abundance of security. every time you looked around. >> a lot, the alcohol has to do with. but yeah, there were a lot of police officers and security all throughout the game. >> things are going to happen. it's a shame